Klarinet Archive - Posting 000149.txt from 2012/01

From: Tim Roberts <timr@-----.com>
Subj: Re: [kl] community bands
Date: Wed, 25 Jan 2012 12:38:48 -0500

Doug Potter wrote:
> I believe the statement "copyright fees are not a problem when performance
> is not for profit" is not accurate. I think you need to have obtained the
> music with copyright - and have procured the performance rights - regardless
> of whether the performance is for profit or not.

This is why I posted that section from the US Code. Acquiring the music
(as opposed to copying it) is not really the issue. You need to buy the
music, even if you are non-profit. There is a large organization that
has does blanket copyright licensing for churches (CCLI) which allows
their member churches to make copies of, perform, and even broadcast
church music, but that doesn't apply to community bands.

Performance rights are really the issue. The Code contains a section
that can be (and usually is) interpreted to exempt a performance from
licensing fees if there is no admission charged and no one is getting
paid. Agreement on that interpretation is not universal.

--
Tim Roberts, timr@-----.com
Providenza & Boekelheide, Inc.

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